Employer Nomination Scheme

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[ August 26, 2019 ]

The Employer Nomination Scheme ("ENS") visa (subclass 186) is mainly used by employers to nominate their TSS workers for permanent residency after 3 years of employment. In certain circumstances employers can nominate employees directly without waiting for the 3-year period. This option has a higher skill level requirements for the employee. ​

Application streams

​There are three application streams:

  • Temporary Residence Transition stream: where applicants have worked with their employer on a TSS visa for the last 3 years in the same position.
  • Direct Entry stream: where applicants do not qualify for the Temporary Residence Transition stream. This option has a higher skill level requirements for the employee.
  • Labour Agreement stream: where the employer has entered into a labour agreement with the Department that provides for a permanent residence pathway.
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What can you do?

​This visa allows you to: ​

  • work and live in Australia permanently
  • enrol in Medicare, Australia's scheme for health-related care and expenses
  • travel in and out of Australia for five years from the date the visa is granted
  • apply for Australian citizenship (if you are eligible)
  • sponsor eligible relatives for permanent residence

Visa Applicant Requirements

​If you wish to apply for a TSS visa you must:

  • be nominated by an approved Australian employer within the six months before you apply
  • are under the age of 45 at the time of application
  • have the required skills, qualifications and work experience for the position
  • have the necessary level of English, unless exempt
  • meet health and character requirements
  • meet the requirements of the stream in which you apply (Temporary Transition, Direct Entry or Labour Agreement).

Nominating Employer Requirements

​To nominate a skilled worker for this visa, you must show that:

  • there is no adverse information known about your business or any person associated with your business, or it is reasonable to disregard this information
  • the worker holds (or is eligible for) any mandatory registration, licence or professional membership
  • you comply with Australian immigration and workplace relations laws
  • you meet the additional requirements of the stream you have nominated your worker for:

Most Common Issues

​The most common issues for employers and visa applicants are

  • Proving that the employer has complied with the training requirement
  • Obtaining a positive skills assessment (if required)
  • Showing exceptional circumstances in case the visa applicant is unable to meet the prescribed age, English, skill level or other requirements.

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